The sponsor is responsible for appealing the rejection of the applicant?

[Clear Beauty]

This is going to make me look dumb but I still cannot understand how to make proper replies or run the threads.....whatever. Some must be familiar with using this type of format. For me, it's not easy to understand. What I find really confusing is how people respond to each other here. I cannot figure how to get the quote insert placed within the reply? wow...I see some people actually chatting in this format..it boggles my brain

Now I have a chance at appealing my sponsorship rejection. There remains a strong attachment with my wife China, although CIC assumes she married for only for immigration purposes.
In the beginning I think it was her primary motivation , but the relationship is real,stronger then ever.
Daily contact since early 2012. Legally married since 2013. I couldn't believe they refused her.

Regarding the actual appeal presentation: I thought my wife would be called to Hong Kong CIC to make her own appeal.
Now somebody informs me I will make the appeal from Canada using my own resources. Huh? Excuse me? I thought my wife was being scrutinized , not myself.
This is how the appeal process works? The sponsor is responsible for appealing the rejection of the applicant? Weird....I thought it would take place in Hong Kong with the people who rejected her.....

I hope they give me plenty of notice to appear, because I work in a remote territory and it takes months to arrange trips to Vancouver

 

[canadianwoman]

In the top right corner of a post, there is something that says 'quote'. Click on this, and you will get the whole post quoted in a reply box. The quote is between an opening in square brackets, and a closing in square brackets. You can write your reply after the closing square brackets. If you erase the square brackets, it will not quote properly.

 

[canadianwoman]

Yes, the sponsor is the one who appeals the decision. You should have gotten instructions about how to appeal with the refusal letter.

Don't admit during the appeal that your wife's primary intention was to marry you so she could immigrate to Canada. CIC will reject an applicant if they believe the marriage is not genuine, but there are two phases they look at: 1. was the marriage genuine at the time of the marriage? 2. is the marriage genuine now?
Unfortunately, a marriage that is genuine now, but that was not genuine at the time of marriage, is correctly refused.

 

[Clear Beauty]

In the top right corner of a post, there is something that says 'quote'. Click on this, and you will get the whole post quoted in a reply box. The quote is between an opening in square brackets, and a closing in square brackets. You can write your reply after the closing square brackets. If you erase the square brackets, it will not quote properly.

This is a test to determine if I can place replies in proper sequence.
Meanwhile, I might as well comment on your reply: My wife is a nonchalant private individual. I defy any immigration worker to accurately convey her motives.

Thanks for your original response.

 

[canadianwoman]

You're welcome. As long as there is no hint that she married you for immigration purposes, everything should be fine.

 

[mikeymyke]

Why were you thinking that your wife at the beginning, may have been trying to be with you to come to Canada? Could that have affected the outcome at the interview? What does your relationship background look like? And what kind of questions was she having trouble answering at th einterview?

 

[Clear Beauty]

Many foreigners apply for immigration to enter Canada. There are several categories of Canadian immigrants and for many their only reason to apply is to gain entry status by immigration.
As for this, I think it is hypocritical for spousal applicants to be rejected on the basis that their motives are to gain immigration through marriage. I mean so what?

 

[Clear Beauty]

Why were you thinking that your wife at the beginning, may have been trying to be with you to come to Canada? Could that have affected the outcome at the interview? What does your relationship background look like? And what kind of questions was she having trouble answering at th einterview?

Many Chinese spousal applicants are refused entry by Hong Kong CIC because they automatically assume the applicants are marriage frauds.

The CIC definition of marriage fraud differs greatly from my definition of marriage fraud.
A real marriage fraud has no proven relationship with the sponsor. We submitted plenty of evidence.
Historically, many marriage fraudsters would arrive in Canada, then soon leave their 'husband' and disappear. These are real frauds. But if a woman such as my wife decides to enter a marriage that will probably require she applies for immigration......WTF? This is no false marriage. Immigration Canada needs some clearer marriage definitions. Bye the way, my wife never had a chance to speak at the interview.

 

[canuck_in_uk]

Many foreigners apply for immigration to enter Canada. There are several categories of Canadian immigrants and for many their only reason to apply is to gain entry status by immigration.
As for this, I think it is hypocritical for spousal applicants to be rejected on the basis that their motives are to gain immigration through marriage. I mean so what?

You can turn off the bold, it really isn't necessary.

The difference is that those people are qualifying based on their education, work experience, language etc, whereas spousal applicants qualify solely based on the RELATIONSHIP with the sponsor. If the relationship is only to gain status, then it is fake; like an economic immigrant applying based on falsified work experience or education, such an app should rightly be refused.

 

[Clear Beauty]

You can turn off the bold, it really isn't necessary.

The difference is that those people are qualifying based on their education, work experience, language etc, whereas spousal applicants qualify solely based on the RELATIONSHIP with the sponsor. If the relationship is only to gain status, then it is fake; like an economic immigrant applying based on falsified work experience or education, such an app should rightly be refused.

Look, no bold.... Originally, I only wanted to know why the sponsor manages the appeal procedure when it is the spousal applicant whose application they refused.

 

[canadianwoman]

The applicant is a foreigner and has no standing in Canadian courts, maybe. In addition, the sponsor, as a Canadian citizen or PR, is better able to handle the appeal: he or she is or can be in Canada, probably can speak English or French, can more easily hire a lawyer, etc. The applicant might not be able to enter Canada at all, might not be able to speak English or French, and running an appeal when you are out of the country and cannot talk with the lawyer directly would be difficult.

 

[Aquakitty]

Also I think it's the fact that without the sponsor, the applicant would not exist. The sponsor is responsible for the applicant for 3 years, so it's the sponsor's obligation to appeal. The sponsor has the "power" so to speak.

 

[mikeymyke]

Many Chinese spousal applicants are refused entry by Hong Kong CIC because they automatically assume the applicants are marriage frauds.

The CIC definition of marriage fraud differs greatly from my definition of marriage fraud.
A real marriage fraud has no proven relationship with the sponsor. We submitted plenty of evidence.
Historically, many marriage fraudsters would arrive in Canada, then soon leave their 'husband' and disappear. These are real frauds. But if a woman such as my wife decides to enter a marriage that will probably require she applies for immigration......WTF? This is no false marriage. Immigration Canada needs some clearer marriage definitions. Bye the way, my wife never had a chance to speak at the interview.

My question was, what did your wife do that you thought originally she wanted to marry you just to enter Canada? Did she have relationships with other foreigners before? Did she at some point, say that she wants to come to Canada real bad? Did her parents constantly ask if they would be able to come to Canada with her? etc.

Also, marriage fraud doesn't also just mean no proven relationship with sponsor. It can also be a spouse tricking the sponsor into thinking they're in a real relationship.

 

[Clear Beauty]

My question was, what did your wife do that you thought originally she wanted to marry you just to enter Canada? Did she have relationships with other foreigners before? Did she at some point, say that she wants to come to Canada real bad? Did her parents constantly ask if they would be able to come to Canada with her? etc.

Also, marriage fraud doesn't also just mean no proven relationship with sponsor. It can also be a spouse tricking the sponsor into thinking they're in a real relationship.

My wife had no obvious previous relationship experience with foreigners. I can remember her contacts listed on QQ Chat when I originally met her. She had no foreign social contacts I remember.

Her family lives in another city. My wife is very independent. Her family's only response I remember was that her old mother was afraid for her to leave China into what she thought a insecure situation abroad.
She did not mention the immigration topic often. She would only mention the topic to assure she'd be with me as soon as possible.

I just talked to her tonight about this. Rather than say her primary motive to marry a foreigner was not immigration, but it was a marriage made for her future security as a mature woman who never was previously married as a single mother in China.

There is a greater possibility of a corrupted VO than my wife playing an elaborate 3 year fraud.

 

[Alurra71]

I think your assessment that many Chinese applicants are refused for whatever reason is certainly not a founded one, at least, not based on data that is available here on this particular website for various sponsorship applicants. I think you will find that YOUR particular situation and evidences are what accumulated to cause your wife's rejection.

They put the responsibility of appeal in the sponsors hand because they are assuming that you are the one that wants your spouse to come here therefore if that is the case you will appeal a decision you feel is wrong. If they left it to the spouse to do the appeal, where does that leave the sponsor if they have since decided against the immigration? The sponsor is the responsible party in this type of situation because of these issues.

I can tell you from the outside (what you've typed here) that your marriage sounds more like some sort of a contract than it does a loving relationship entered into by two individuals who have deep expressed feelings for one another. I would suggest you get your appeal letter sent and also order your GCMS notes to see what particular issues triggered a negative response. Focus on those instances to try to assuage their initial findings. If you don't and you speak of your relationship in person in the same type of 'tone' that is conveyed here, I suspect your appeal will also fail.

Best of luck to you.